Can a dancer sell copies of their performances to the public in Vietnam?

Can a dancer sell copies of their performances to the public in Vietnam?

Pursuant to Article 29 of the Law on Intellectual Property in 2005 stipulating rights of performers as follows:

1. Performers who are also the investors shall have the moral rights and economic rights to their performances. Where performers are not also the investors, the performers shall have the moral rights and the investors shall have the economic rights to performances.

2. Moral rights shall comprise the following rights:

(a) To have the name acknowledged when performing, when distributing audio and visual fixation or when broadcasting performances;

(b) To protect the integrity of the imagery of the performance, and to prevent others from modifying, editing or distorting the work in any way prejudicial to the honour and reputation of the performer.

3. Economic rights shall include the exclusive right to exercise or to authorize others to exercise the following rights:

(a) To formulate a live performance on audio and visual fixation;

(b) To directly or indirectly reproduce a performance which has been formulated on audio and visual fixation;

(c) To broadcast or to communicate to the public in other ways an unformulated performance so that it may be accessed by the public, except where such performance is intended to be broadcast;

(d) To distribute to the public an original performance and copies thereof by sale, rental or distribution by whatever technical means which are accessible by the public.

4. Any organization or individual who exploits or uses the rights stipulated in clause 3 of this article must pay remuneration to the performer in accordance with law or pursuant to an agreement if there is no relevant provision of law.

Therefore, since you are only a performer and not the investor at the same time, you will not have the right to sell copies of your performance to the public. The right to sell will belong to the investor of the performance.

Can a dancer sell copies of their performances to the public in Vietnam? - Source: Internet

What are the fines for distributing copies of performances to the public without permission in Vietnam?

Pursuant to Article 26 of the Decree 131/2013/NĐ-CP stipulating acts of infringing upon the right to distribute originals or copies of performances to the public as follows:

1. A fine of between VND 10,000,000 and 30,000,000 shall be imposed for distributing the original or copies of a performance to the public without consent of the right holder of performer.

2. Remedial measures:

Forcibly removing copies of performance, in electronic form, on internet and digital environment, or forcible destruction of material evidence of violation for act specified in Clause 1 of this Article.

Pursuant to Article 2 of the Decree 131/2013/NĐ-CP stipulating provision on fines bracket, fines competence for individuals and organizations as follows:

1. The maximum fine level in domain of Copyright and related rights for individuals will be VND 250,000,000, for organizations will be VND 500,000,000.

2. The fines bracket specified in Chapter II of this Decree is fines bracket applied to individuals, except for cases specified in Clauses 1, 2, 3 and 4 Article 5; Clause 1 and point b Clause 2 Article 7 of this Decree. For a same violation, fines bracket applicable to organizations will be equal to twice of the fines bracket applicable to individuals.

3. The competence to impose fines of titles defined in Chapter III of this Decree is the competence applied to individuals. The competence to impose fines for organizations shall be more than twice of the competence to impose for individuals.

If an individual is found distributing copies of performances to the public without permission, they will be fined between 10 million VND and 20 million VND. In addition, they will be required to remove the copies of the performances in electronic form, on the Internet and digital environment, or to destroy the evidence. For organizations, the fine will be between 20 million VND and 40 million VND.

Best regards!